Abuja
The Federal High Court in Abuja will tomorrow continue proceedings on the treasonable felony charge against the ‘missing’ leader of the proscribed Indigenous People of Biafra (IPOB), Mr. Nnamdi Kanu.
The Prosecutor in the case, Mr Shuaib Labaran’s absence, it would be recalled, stalled further hearing of the case last year.
This medium recalled that Justice Nyako had in a ruling on April 25, released Kanu on bail after he had spent a year and seven months in detention, though the court okayed four other pro-Biafra agitators who are facing trial with him; Chidiebere Onwudiwe, Benjamin Madubugwu, David Nwawuisi and Bright Chimezie, to remain in prison custody.
Last year, Justice Binta Nyako had at the instance of notification received from the federal government on the prosecutor’s absence, adjourned the matter.
Also the prosecution had, in a letter to the court, applied for the case to be adjourned till 2018 for continuation of trial and to enable those that stood surety for the IPOB leader whose whereabouts has remained unknown, to produce him before the court.
Already, Senator Enyinnaya Abaribe, who was one of the three persons that stood surety for Kanu, has applied to be discharged by the court, insisting that he lacks the capacity to produce the defendant for continuation of his trial. The court had on October 17, ordered Abaribe, a Jewish High Priest, Emmanu El- Salom Oka Ben Madu, and an accountant, Tochukwu Uchendu, to produce the IPOB leader or face jail/forfeiture of their bail bond.
To secure Kanu’s release, Abaribe, El-Shalom and Uchendu, on April 28, signed an undertaking to ensure attendance of the 1st defendant who was granted bail on health ground, in court for his trial. Meawhile, in his fresh application, Abaribe who is representing Abia South Senatorial District, applied for damages against the Nigerian Army.
Anambra Central election suit: SAN absolves Tsoho of complicity
A Senior Advocate of Nigeria, Chief Ogwu Onoja has said lawyers should be held responsible for concealment of fact that led to the conflicting judgments that trailed the recent rerun election in Anambra Central senatorial district.
It would be recalled that Justice John Tsoho of the Federal High Court, Abuja had in a consent judgment in December 2017, ordered the Independent National Electoral Commission (INEC) to issue Certificate of Return to Dr. Obiora Okonkwo as the winner of the Anambra Central senatorial seat.
However, INEC through its counsel, Chief Adegboyega Awomolo (SAN), filed an application before the court, urging it to vary its earlier judgment which ordered INEC to issue Certificate of Return to Okonkwo. This was on the ground that the Abuja Division of the Court of Appeal had in November last year ordered INEC to conduct a fresh election into the District within 90 days.
When the subsisting order of the Appeal Court was brought to the knowledge of Justice Tsoho through the INEC application, the judge on January 12, reversed himself by setting aside the earlier judgment he delivered; thereby clearing the way for INEC’s conduct of the January 13 rerun poll.
In a chat with newsmen, the learned silk absolved Justice Tsoho of any wrongdoing in the said suit. Onoja said: “The issue is not with the judge, but the lawyers in the suit; because if a similar matter is not brought to the judge’s attention, he would not know. You know it’s not all judges that read newspapers. So, what must have happened was concealment of facts.”
“So, knowledge and awareness of the law is very important. The judge can suo-moto (of his own motion) cite it because it is an issue of law. The judge can use it to decide his case without its being cited to him,” Onoja noted.
